Illinois 98th Regular Session Status: Enacted 2 D cosponsors

HB 5657 — FARMERS MKT LOCAL REG LIMITS

Last action — Public Act . . . . . . . . . 98-0660

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 14, 2014. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 9 sponsors

    0 primary, 9 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 D).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Food Handling Regulation Enforcement Act. Provides that regulation of farmers' markets by local authorities may be no more stringent than the regulation established by the Department of Public Health. Establishes a framework for the regulation of food samples. Makes a corresponding change in the Sanitary Food Preparation Act. Imposes requirements for disclosure of product origin with respect to specialty crops and raw agricultural commodities. Authorizes a State-certified local public health department to impose a fee in connection with the registration of a cottage food operation. Effective immediately.

Bill Text

What changed in the latest version

20 added · 20 removed

Plain-language change summary

The latest version of Bill HB 5657 shows a complete transition from an "Engrossed" to an "Enrolled" state, indicating that it is now finalized and ready for enactment. While the text itself hasn’t changed, this shift in status signifies that the bill has successfully passed through all legislative stages without further amendments. This is important because it means the bill will soon become law, potentially affecting the intended policies or regulations outlined in it.

→
Previous
Latest
HB5657 Engrossed LRB098 19064 RPM 54214 b AN ACT concerning public health.
HB5657 Enrolled LRB098 19064 RPM 54214 b AN ACT concerning public health.
HB5657 Engrossed - 2 - LRB098 19064 RPM 54214 b There is a lack of consistent regulation from one county to the next, resulting in confusion and discrepancies between counties regarding how products may be sold.
HB5657 Enrolled - 2 - LRB098 19064 RPM 54214 b There is a lack of consistent regulation from one county to the next, resulting in confusion and discrepancies between counties regarding how products may be sold.
(c) In order to facilitate the orderly and uniform statewide implementation of the standards established in the Department of Public Health's administrative rules for this Act interpretation of the Department of Public Health's Technical Information Bulletin/Food #30, the Farmers' Market Task Force HB5657 Engrossed - 3 - LRB098 19064 RPM 54214 b shall be formed by the Director to assist the Department in implementing statewide administrative regulations for farmers' markets.
(c) In order to facilitate the orderly and uniform statewide implementation of the standards established in the Department of Public Health's administrative rules for this Act interpretation of the Department of Public Health's Technical Information Bulletin/Food #30, the Farmers' Market Task Force HB5657 Enrolled - 3 - LRB098 19064 RPM 54214 b shall be formed by the Director to assist the Department in implementing statewide administrative regulations for farmers' markets.
HB5657 Engrossed - 4 - LRB098 19064 RPM 54214 b (6) the Director of Agriculture or his or her designee;
HB5657 Enrolled - 4 - LRB098 19064 RPM 54214 b (6) the Director of Agriculture or his or her designee;
HB5657 Engrossed - 5 - LRB098 19064 RPM 54214 b Task Force members' terms shall be for a period of 2 years, with ongoing appointments made according to the provisions of this Section.
HB5657 Enrolled - 5 - LRB098 19064 RPM 54214 b Task Force members' terms shall be for a period of 2 years, with ongoing appointments made according to the provisions of this Section.
If the Department fails to follow the advice of the Task Force, the Department shall, prior to adopting the rules, transmit a HB5657 Engrossed - 6 - LRB098 19064 RPM 54214 b written explanation to the Task Force.
If the Department fails to follow the advice of the Task Force, the Department shall, prior to adopting the rules, transmit a HB5657 Enrolled - 6 - LRB098 19064 RPM 54214 b written explanation to the Task Force.
HB5657 Engrossed - 7 - LRB098 19064 RPM 54214 b (2.5) Notwithstanding any other provision of law except as provided in this Act, local public health departments and all other units of local government are prohibited from creating sanitation guidelines, rules, or regulations for farmers' markets that are more stringent than those farmers' market sanitation regulations contained in the administrative rules adopted by the Department for the purposes of implementing Section 3.3 of this Act.
HB5657 Enrolled - 7 - LRB098 19064 RPM 54214 b (2.5) Notwithstanding any other provision of law except as provided in this Act, local public health departments and all other units of local government are prohibited from creating sanitation guidelines, rules, or regulations for farmers' markets that are more stringent than those farmers' market sanitation regulations contained in the administrative rules adopted by the Department for the purposes of implementing Section 3.3 of this Act.
(4) Produce and food products coming within the scope HB5657 Engrossed - 8 - LRB098 19064 RPM 54214 b of the provisions of this Act shall include, but not be limited to, raw agricultural products, including fresh fruits and vegetables;
(4) Produce and food products coming within the scope HB5657 Enrolled - 8 - LRB098 19064 RPM 54214 b of the provisions of this Act shall include, but not be limited to, raw agricultural products, including fresh fruits and vegetables;
(p) The Department of Public Health and the Department of HB5657 Engrossed - 9 - LRB098 19064 RPM 54214 b Agriculture, in conjunction with the Task Force, shall adopt administrative rules necessary to implement, interpret, and make specific the provisions of this Act, including, but not limited to, rules concerning labels, sanitation, and food product safety according to the realms of their jurisdiction in accordance with subsection (j) of this Section.
(p) The Department of Public Health and the Department of HB5657 Enrolled - 9 - LRB098 19064 RPM 54214 b Agriculture, in conjunction with the Task Force, shall adopt administrative rules necessary to implement, interpret, and make specific the provisions of this Act, including, but not limited to, rules concerning labels, sanitation, and food product safety according to the realms of their jurisdiction in accordance with subsection (j) of this Section.
(b) Notwithstanding any other provision of law, except as provided in subsection (c) of this Section, a vendor who engages in food product sampling at a farmers' market may do so without obtaining a State or local permit to provide those food product samples, provided the vendor complies with the State and local permit requirements to sell the food product to be sampled and with the food preparation, food handling, food storage, and food sampling requirements specified in the HB5657 Engrossed - 10 - LRB098 19064 RPM 54214 b administrative rules adopted by the Department to implement Section 3.3 and Section 3.4 of this Act.
(b) Notwithstanding any other provision of law, except as provided in subsection (c) of this Section, a vendor who engages in food product sampling at a farmers' market may do so without obtaining a State or local permit to provide those food product samples, provided the vendor complies with the State and local permit requirements to sell the food product to be sampled and with the food preparation, food handling, food storage, and food sampling requirements specified in the HB5657 Enrolled - 10 - LRB098 19064 RPM 54214 b administrative rules adopted by the Department to implement Section 3.3 and Section 3.4 of this Act.
HB5657 Engrossed - 11 - LRB098 19064 RPM 54214 b (410 ILCS 625/3.5 new) Sec.
HB5657 Enrolled - 11 - LRB098 19064 RPM 54214 b (410 ILCS 625/3.5 new) Sec.
HB5657 Engrossed - 12 - LRB098 19064 RPM 54214 b (410 ILCS 625/4) Sec.
HB5657 Enrolled - 12 - LRB098 19064 RPM 54214 b (410 ILCS 625/4) Sec.
In accordance with the HB5657 Engrossed - 13 - LRB098 19064 RPM 54214 b FDA 2009 Food Code, potentially hazardous food does not include a food item that because of its pH or Aw value, or interaction of Aw and pH values, is designated as a non-PHF/non-TCS food in Table A or B of the FDA 2009 Food Code's potentially hazardous food definition.
In accordance with the HB5657 Enrolled - 13 - LRB098 19064 RPM 54214 b FDA 2009 Food Code, potentially hazardous food does not include a food item that because of its pH or Aw value, or interaction of Aw and pH values, is designated as a non-PHF/non-TCS food in Table A or B of the FDA 2009 Food Code's potentially hazardous food definition.
Any other jams, jellies, or preserves not listed may be produced by a cottage food operation provided their recipe has been tested and documented by a commercial laboratory, at the expense of the cottage HB5657 Engrossed - 14 - LRB098 19064 RPM 54214 b food operation, as being not potentially hazardous, containing a pH equilibrium of less than 4.6.
Any other jams, jellies, or preserves not listed may be produced by a cottage food operation provided their recipe has been tested and documented by a commercial laboratory, at the expense of the cottage HB5657 Enrolled - 14 - LRB098 19064 RPM 54214 b food operation, as being not potentially hazardous, containing a pH equilibrium of less than 4.6.
pumpkin pie, sweet potato pie, HB5657 Engrossed - 15 - LRB098 19064 RPM 54214 b cheesecake, custard pies, creme pies, and pastries with potentially hazardous fillings or toppings.
pumpkin pie, sweet potato pie, HB5657 Enrolled - 15 - LRB098 19064 RPM 54214 b cheesecake, custard pies, creme pies, and pastries with potentially hazardous fillings or toppings.
(5) The name and residence of the person preparing and selling products as a cottage food operation is registered with the health department of a unit of local government HB5657 Engrossed - 16 - LRB098 19064 RPM 54214 b where the cottage food operation resides.
(5) The name and residence of the person preparing and selling products as a cottage food operation is registered with the health department of a unit of local government HB5657 Enrolled - 16 - LRB098 19064 RPM 54214 b where the cottage food operation resides.
The regulation by a State-certified local public HB5657 Engrossed - 17 - LRB098 19064 RPM 54214 b health department may include all of the following requirements:
The regulation by a State-certified local public HB5657 Enrolled - 17 - LRB098 19064 RPM 54214 b health department may include all of the following requirements:
Except as hereinafter provided and as provided in HB5657 Engrossed - 18 - LRB098 19064 RPM 54214 b Sections 3.3, 3.4, and 4 of the Food Handling Regulation Enforcement Act, the Department of Public Health shall enforce this Act, and for that purpose it may at all times enter every such building, room, basement, inclosure or premises occupied or used or suspected of being occupied or used for the production, preparation or manufacture for sale, or the storage, sale, distribution or transportation of such food, to inspect the premises and all utensils, fixtures, furniture and machinery used as aforesaid;
Except as hereinafter provided and as provided in HB5657 Enrolled - 18 - LRB098 19064 RPM 54214 b Sections 3.3, 3.4, and 4 of the Food Handling Regulation Enforcement Act, the Department of Public Health shall enforce this Act, and for that purpose it may at all times enter every such building, room, basement, inclosure or premises occupied or used or suspected of being occupied or used for the production, preparation or manufacture for sale, or the storage, sale, distribution or transportation of such food, to inspect the premises and all utensils, fixtures, furniture and machinery used as aforesaid;
The Department of Agriculture or Department of Public Health, as the case may be, shall thereupon issue a written order to the person, firm or HB5657 Engrossed - 19 - LRB098 19064 RPM 54214 b corporation responsible for the violation or condition aforesaid to abate such condition or violation or to make such changes or improvements as may be necessary to abate them, within such reasonable time as may be required.
The Department of Agriculture or Department of Public Health, as the case may be, shall thereupon issue a written order to the person, firm or HB5657 Enrolled - 19 - LRB098 19064 RPM 54214 b corporation responsible for the violation or condition aforesaid to abate such condition or violation or to make such changes or improvements as may be necessary to abate them, within such reasonable time as may be required.
On failure of the party or parties to comply HB5657 Engrossed - 20 - LRB098 19064 RPM 54214 b with the first order of the Department of Agriculture or the Department of Public Health, as the case may be, within the time prescribed, when no hearing is demanded, or upon failure to comply with the final order within the time specified, the Department shall certify the facts to the State's Attorney of the county in which such violation occurred, and such State's Attorney shall proceed against the party or parties for the fines and penalties provided by this Act, and also for the abatement of the nuisance:
On failure of the party or parties to comply HB5657 Enrolled - 20 - LRB098 19064 RPM 54214 b with the first order of the Department of Agriculture or the Department of Public Health, as the case may be, within the time prescribed, when no hearing is demanded, or upon failure to comply with the final order within the time specified, the Department shall certify the facts to the State's Attorney of the county in which such violation occurred, and such State's Attorney shall proceed against the party or parties for the fines and penalties provided by this Act, and also for the abatement of the nuisance:
⬇ Download PDF
View plain text versions (3)

Action History

  1. Public Act . . . . . . . . . 98-0660

  2. Effective Date June 23, 2014

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Third Reading - Passed; 058-000-000

  7. Added as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins

  8. Placed on Calendar Order of 3rd Reading May 13, 2014

  9. Second Reading

  10. Placed on Calendar Order of 2nd Reading May 8, 2014

  11. Do Pass Agriculture and Conservation; 008-000-000

  12. Added as Alternate Co-Sponsor Sen. Michael W. Frerichs

  13. Added as Alternate Co-Sponsor Sen. Julie A. Morrison

  14. Assigned to Agriculture and Conservation

  15. Added as Alternate Co-Sponsor Sen. Melinda Bush

  16. Added as Alternate Co-Sponsor Sen. Heather A. Steans

  17. Added as Alternate Chief Co-Sponsor Sen. Don Harmon

  18. Added as Alternate Co-Sponsor Sen. Michael Noland

  19. Added as Alternate Co-Sponsor Sen. William Delgado

  20. Added as Alternate Co-Sponsor Sen. Daniel Biss

  21. Referred to Assignments

  22. First Reading

  23. Added as Alternate Co-Sponsor Sen. Dan Kotowski

  24. Added as Alternate Chief Co-Sponsor Sen. Pamela J. Althoff

  25. Chief Senate Sponsor Sen. David Koehler

  26. Placed on Calendar Order of First Reading April 9, 2014

  27. Arrive in Senate

  28. Third Reading - Short Debate - Passed 114-000-000

  29. Added Co-Sponsor Rep. Barbara Flynn Currie

  30. Placed on Calendar Order of 3rd Reading - Short Debate

  31. House Floor Amendment No. 1 Adopted

  32. Second Reading - Short Debate

  33. Added Co-Sponsor Rep. Patricia R. Bellock

  34. Added Co-Sponsor Rep. Elizabeth Hernandez

  35. House Floor Amendment No. 1 Recommends Be Adopted Consumer Protection Committee; 008-000-000

  36. House Floor Amendment No. 1 Rules Refers to Consumer Protection Committee

  37. Added Co-Sponsor Rep. Emanuel Chris Welch

  38. House Floor Amendment No. 1 Referred to Rules Committee

  39. House Floor Amendment No. 1 Filed with Clerk by Rep. Michael W. Tryon

  40. Added Co-Sponsor Rep. Michael P. McAuliffe

  41. Added Chief Co-Sponsor Rep. Mike Fortner

  42. Placed on Calendar 2nd Reading - Short Debate

  43. Do Pass / Short Debate Consumer Protection Committee; 012-000-000

  44. Removed Co-Sponsor Rep. Martin J. Moylan

  45. Assigned to Consumer Protection Committee

  46. Added Co-Sponsor Rep. Barbara Wheeler

  47. Added Co-Sponsor Rep. Timothy L. Schmitz

  48. Added Co-Sponsor Rep. Donald L. Moffitt

  49. Added Co-Sponsor Rep. Charles E. Meier

  50. Added Co-Sponsor Rep. Robyn Gabel

  51. Added Co-Sponsor Rep. Sam Yingling

  52. Added Co-Sponsor Rep. Laura Fine

  53. Added Co-Sponsor Rep. Martin J. Moylan

  54. Added Chief Co-Sponsor Rep. Ann Williams

  55. Added Chief Co-Sponsor Rep. Kelly M. Cassidy

  56. Added Co-Sponsor Rep. Jaime M. Andrade, Jr.

  57. Added Chief Co-Sponsor Rep. Naomi D. Jakobsson

  58. Referred to Rules Committee

  59. First Reading

  60. Filed with the Clerk by Rep. Michael W. Tryon

Sponsors

  • Michael W. Tryon · Cosponsor
  • Dan Kotowski · Cosponsor
  • Daniel Biss · Cosponsor
  • Michael Noland · Cosponsor
  • Heather A. Steans · Cosponsor
  • Melinda Bush · Cosponsor
  • Julie A. Morrison · Cosponsor
  • Michael W. Frerichs · Cosponsor
  • Eva-Dina Delgado · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 9 co-sponsors · 174 not signed on

Sponsors (0)

None.

Co-sponsors (9)

Not signed on (174)

174 members have not signed on to this bill.

Show all 174 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 58 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 13000
Unaffiliated 42001
Republican 3000
Total 58001
% of votes cast 98%0%0%2%
How each member voted (59)
Member Party Vote
Manar — Yea
Althoff — Yea
Martinez — Yea
Barickman — Yea
Bertino-Tarrant — Yea
Biss — Yea
Bivins — Yea
Bush — Yea
McCarter — Yea
Kotowski — Yea
LaHood — Yea
Landek — Yea
Link — Yea
Luechtefeld — Yea
McCann — Yea
McConnaughay — Yea
Mulroe — Yea
Harris — Yea
Muñoz — Yea
Brady — Yea
Oberweis — Yea
Radogno — Yea
Silverstein — Yea
McGuire — Yea
Steans — Yea
Sullivan — Yea
Jacobs — Yea
Cullerton, T. — Yea
Cullerton — Yea
Trotter — Yea
Clayborne — Yea
Connelly — Yea
Dillard — Yea
Duffy — Yea
Forby — Not Voting
Frerichs — Yea
Haine — Yea
Hutchinson — Yea
Noland — Yea
Raoul — Yea
Righter — Yea
Sandoval — Yea
Van Pelt — Yea
Bill Cunningham Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Dave Syverson Republican Yea
Sue Rezin Republican Yea

Official roll call →

Third Reading

Passed 114 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 79004
Democrat 27000
Republican 8000
Total 114004
% of votes cast 97%0%0%3%
How each member voted (118)
Member Party Vote
Leitch — Yea
Acevedo — Yea
Anthony — Yea
Arroyo — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Bost — Not Voting
Brauer — Yea
Brown — Yea
McAsey — Yea
Hurley — Yea
Jakobsson — Yea
Jefferson — Yea
Lang — Yea
Drury — Yea
Dunkin — Yea
McAuliffe — Yea
McSweeney — Yea
Moffitt — Yea
Nekritz — Yea
Osmond — Yea
Bradley — Yea
Schmitz — Yea
Brady — Yea
Soto — Yea
Stewart — Yea
Tabares — Yea
Thapedi — Yea
Mitchell, Bill — Yea
Sullivan — Yea
Mitchell, Christian — Yea
Tryon — Yea
Burke, Kelly — Yea
Turner — Yea
Unes — Yea
Verschoore — Yea
Harris, David — Yea
Harris, Greg — Yea
Hernandez — Yea
Cavaletto — Yea
Cloonen — Yea
Conroy — Yea
Costello — Yea
Durkin — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Golar — Yea
Harms — Yea
Hatcher — Yea
Hays — Yea
Madigan — Yea
Wheeler — Yea
Williams — Yea
Davis, Monique — Yea
Jones — Yea
Burke, Daniel — Not Voting
Willis — Yea
Yingling — Yea
Zalewski — Yea
Cross — Yea
Currie — Yea
D'Amico — Yea
Demmer — Yea
Ives — Yea
Jackson — Yea
Kay — Yea
Kosel — Yea
Phelps — Yea
Pihos — Yea
Poe — Not Voting
Pritchard — Yea
Reboletti — Yea
Reis — Yea
Riley — Not Voting
Sandack — Yea
Senger — Yea
Sente — Yea
Smiddy — Yea
Sommer — Yea
Chapa LaVia — Yea
Anna Moeller Democrat Yea
Anthony DeLuca Democrat Yea
Camille Y. Lilly Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Fred Crespo Democrat Yea
Jaime M. Andrade, Jr. Democrat Yea
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Yea
Julie A. Morrison Democrat Yea
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Laura Fine Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Martin J. Moylan Democrat Yea
Michelle Mussman Democrat Yea
Natalie A. Manley Democrat Yea
Nicholas K. Smith Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robert F. Martwick Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
William "Will" Davis Democrat Yea
Brad Halbrook Republican Yea
Charles Meier Republican Yea
Christopher "C.D." Davidsmeyer Republican Yea
Jil Tracy Republican Yea
Joe C. Sosnowski Republican Yea
John M. Cabello Republican Yea
Norine K. Hammond Republican Yea
Wayne A. Rosenthal Republican Yea

Official roll call →

Subjects

public-safety agriculture
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 5657 do?
Amends the Food Handling Regulation Enforcement Act. Provides that regulation of farmers' markets by local authorities may be no more stringent than the regulation established by the Department of Public Health. Establishes a framework for the regulation of food samples. Makes a corresponding change in the Sanitary Food Preparation Act. Imposes requirements for disclosure of product origin with respect to specialty crops and raw agricultural commodities. Authorizes a State-certified local public health department to impose a fee in connection with the registration of a cottage food operation. Effective immediately.
Who sponsors HB 5657?
HB 5657 is sponsored by Michael W. Tryon, Dan Kotowski, Daniel Biss, Michael Noland, Heather A. Steans, Melinda Bush, Julie A. Morrison (Democrat), Michael W. Frerichs, and Eva-Dina Delgado (Democrat).
What is the current status of HB 5657?
This bill has been enacted into law. Introduced February 14, 2014. Enacted.
Where can I track HB 5657?
Track HB 5657 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on HB 5657

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of HB 5657

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →